Orlando DUI Attorney Blog

The firestorm set off when Tiger Woods crashed his SUV in the early morning hours of Thanksgiving did more then set off a flood of adultery allegations against Woods.  The incident illustrates how a person who is not afraid to assert their rights and who is not intimidated by the mere presence of police has a better chance of a positive outcome when facing a potential DUI arrest under Florida DUI law.  This is not to suggest that Woods was under the influence of alcohol or drugs at the time of his accident.  The focus of this analysis is what can be learned by the average person facing a DUI arrest from Woods' interaction with Orlando Highway Patrol following his accident.  The key lessons to be gleaned from Wood's interaction with Orlando highway patrol include the following:

• Silence is Golden: Woods at no time told police that he had consumed any alcohol.  According to a request filed to obtain medical records after the incident, a witness purportedly told officers that Woods had been drinking earlier in the day prior to the accident.  Woods apparently did not at any time indicate he had been drinking and seems to have invoked his right to an attorney.  Many people in this situation are afraid and intimidated and feel the best way to handle the situation is to cooperate as much as possible and talk to police.  Responses like "I had a couple beers," "I drank a little bit," "I am drunk" are common.  If Woods had said anything of this nature, his situation would have escalated.  Woods would likely then have been subjected to field sobriety tests and based on the results breath or blood tests.  Woods' experience shows that generally you should not volunteer information and should invoke your right to an attorney.

• Medical Records May Be Protected: The Orlando Highway Patrol sought medical records from Tiger Woods visit to the hospital presumably to determine if evidence existed to support an arrest for DUI based on drugs or alcohol.  If Woods' had admitted drinking at the scene of the accident, the officers may have had a sufficient basis to obtain his medical records.  However, Woods' never volunteered information that would create a sufficient legal basis to subpoena his medical records.

• Your Home is Your Castle: The Orlando Highway Patrol came repeatedly to Wood's home to question him.  Because the authorities did not have enough evidence to justify searching his home or detaining him he was able to refuse to speak to authorities or grant an interview.  A lot of people in the same situation would both consent to having authorities enter and search their residence and consent to the interview which may lead to incriminating information and create a sufficient legal basis to obtain Woods' medical records.

"The major principal to take from this is that knowing one's rights may mean the difference between going to jail and going home," commented Orlando DUI lawyer John Musca.  An experienced Orlando DUI lawyer will be able to help you assert your rights and avoid making your situation worse.

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A man was arrested by University of Florida police for driving under the influence on campus.  Thomas Clyde Mastin Jr. also had more than 70 pills of controlled muscle relaxants in his vehicle when arrested.  Mastin allegedly told campus police that he had oxycodone, carisoprodol and alprazolam in his car because he had suffered dislocated discs in his back.  Officers also indicated that the Orlando man also told them that he had "just a little bit" to drink at a bar where he works as a bartender.

Mastin was sleeping in his car in a grassy area on the side of the road when officers pulled up to investigate.  The campus police reported that Mustin appeared intoxicated.  The police report indicates that Mastin failed field sobriety tests but that the breath test that was administered registered a blood alcohol concentration (BAC) of 0.00.  In addition to admitting that he had a "little bit of alcohol," Mastin allegedly told campus police that he had taken an oxycodone in the morning before going to work at the bar.

When police investigated, they found several prescription bottles in Mastin's name scattered throughout the vehicle.  The police report also indicates they found a prescription bottle in another person's name.  The police indicated that the pills seemed to have been mixed and divided between the bottles.  Mastin faces a DUI charge and a litany of drug charges including trafficking and possession charges related to his possession of the controlled substance muscle relaxants.  Mastin is being held on a bond of $57,500.

"Many people do not realize that prescription drugs can be the basis for a DUI arrest in Florida," said Orlando DUI lawyer John Musca. "A significant number of prescription drugs can result in a driver's impairment while driving.  When prescription drugs are mixed with even small amounts of alcohol, they can seriously impede one's driving ability."  Musca points out that DUI cases that involve drugs can be tougher to prosecute because the prosecutor may need to use expert testimony to establish that the drug actually impaired the subject's driving ability.  Although an officer may ask what prescription medication a driver has taken, a driver is not required to share information about what type or how much prescription medication the driver has ingested, explained Musca.

For further information about Criminal Defense Lawyer John Musca visit www.muscalaw.com, where you can review the firm's current case list along with their previous successes and obtain legal information.  Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.

The penalties for a DUI case in Orlando and elsewhere in Florida are serious and the laws are strictly enforced as reflected by Florida having the third highest number of DUI arrests in the country.  Given the prevalence of DUI arrests in Florida, it is critical to understand the penalties associated with a DUI conviction.  Orlando DUI attorney John Musca, who routinely handles DUI cases in Orlando and throughout Florida, has provided an overview of DUI punishment for first and second-time offenders. 

The penalties rise with each subsequent offense.  There are actually two tiers of punishment under Florida DUI law.  The lower tier applies in cases where the blood alcohol level of the offender is over 0.8.  The higher tier applies where one's blood alcohol level exceeds 2.0 or a minor child was in the vehicle at the time of the DUI.

First Offense

The criminal status of a first offense depends on the specifics of the case.  A driver who damages property can be charged with a first-degree misdemeanor for example.  A first time DUI in the lower tier also can result in a maximum jail sentence of six months.  The fine for a first time offender in tier one is $250-500.  The offender's driver's license can also be suspended for a minimum of 180 days to one year.  If the offender is convicted, his vehicle will also be impounded for 10 days unless it is the only transportation for the offender's family.  The court will also require 12 hours of DUI School and 50 hours of community service. 

If the offender meets the criteria for the higher tier (i.e. blood alcohol over 2.0 or a minor child in the vehicle), the maximum sentence for a first time offense increases to 9 months.  The penalty also increases to $500-1000. 

Second Offense 

Criminal status for a second offense is similar to that for a first offense except that if the DUI causes serious bodily injury to another it may result in a third degree felony.  First or second-degree felonies can be charged if the offender commits DUI manslaughter which results in the death of another person.  For a second offense, the maximum imprisonment increases to 9 months.  The fine also increases to $500-1000. The fine increases to $1000-2000 if the higher tier criteria are met.  If the violation occurred within 5 years of the first offense, the offender's car will be impounded for 30 days.  The offender's license will be suspended for 180 days to 1 year.  The offender's license will also be revoked for a minimum of five years if the second offense is committed within 5 years of the first offense.  The offender must also complete 21 hours of DUI school and complete a year of probation.

Musca Law provides the highest quality criminal litigation services to the residents of Orlando and the surrounding areas.   Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

When you are stopped for DUI in Orlando or elsewhere in Florida, it can be a frightening experience.  Many people assume that once the arresting officer indicates that you have failed field sobriety tests or a breathalyzer test by registering a blood alcohol level of 0.8, conviction for DUI is inevitable.  The consequences of such a conviction can be overwhelming, yet many accused of DUI have no idea that those tests may never be admitted as evidence in their case.

The fourth amendment of the Bill of Rights protects us as citizens from unreasonable search and seizures by the government.  The police as agents of the government are limited by the fourth amendment and must have "probable cause" that you committed a specific violation of law to stop your vehicle.  An officer who observes the tags on your vehicle are expired or determines you're speeding by following you are common examples of "probable cause." 

An officer may also detain you briefly and investigate further if he has "reasonable suspicion" based on specific facts known to him that you are or have violated the law.  For example, the officer observes you suddenly turn into a parking lot when he appears behind you, and you seem to be looking to see who is following you.  You then quickly park in an obstructed spot behind an empty abandoned building.  While this may constitute "reasonable suspicion" to stop your vehicle, an officer cannot stop you merely because he has a "feeling" or a "hunch."

An officer must have either probable cause or reasonable suspicion to lawfully stop you.  If the officer does not have either, any evidence he obtains after the stop may be excluded from your court case under the so-called "exclusionary rule."  Basically, this rule says all evidence that is obtained illegally is tainted as the "fruit of the poisonous tree." 

For example, a police officer may engage in an illegal stop if he pulls you over merely because you look like "the type who is habitually drunk."  After pulling you over, he smells alcohol on your breath and sees empty beer cans in you car that fall to the ground as you open the door.  He then watches as you stumble and fall getting out of the car.  You subsequently fail a field sobriety test, and a breathalyzer shows your blood alcohol is 0.24, three times the level Florida law considers a driver impaired.  Because the officer did not have a valid basis for the initial stop, all of the rest of the evidence that was discovered after the stop may be excluded and the case dismissed.

There may be another way your Orlando DUI lawyer may use the exclusionary rule in your case.  There are very specific rules and regulations under Florida DUI law that require the use of certain approved, certified and calibrated breathalyzer machines.  The Florida legislature has extended the protection of the exclusionary rule to protections adopted under Florida state law.  If the police cannot show that the breathalyzer has been calibrated correctly, the judge could apply the exclusionary rule so that the results cannot be used at trial. 

In a case where you have made damaging admissions after being confronted with the results of the breathalyzer test, your DUI lawyer may even try to have your damaging admissions excluded as "fruit of the poisonous tree."  Orlando DUI attorney John Musca points out, "Many people assume that once they have failed a field sobriety and/or breathalyzer test, their DUI conviction is pretty much a forgone conclusion.  This is simply not the case.  A good DUI attorney may be able to ensure that those tests are never introduced as evidence in their client's DUI case."

Mathew Scott Hall from the Orlando suburb of Altamonte Springs was sentenced for 7 years in prison for DUI manslaughter of his best friend in a fatal car crash.  Police estimated that Hall was driving in excess of 85 mph in a 35-mph zone when he missed a curve and collided with a tree.  Hall's blood alcohol level was measured at 0.15, which is twice the level at which a driver is considered impaired under Florida DUI law.

Hall's best friend Christopher S. Avery from the Orlando area of Altamonte Springs was killed when he was thrown from the wreckage of Hall's Charger.  Avery suffered serious internal injuries including a laceration to his liver.  Avery bled to death as a result of his internal injuries.  Hall suffered broken legs and ribs as well as injuries to his face and hands.  Another passenger in the back seat of the Charger was injured but survived the accident and told authorities the friends had come from drinking at a bar near the University of Central Florida.

The jury had been selected and the DUI manslaughter case was set to begin with opening statements and testimony on Wednesday when Hall entered into the plea agreement.  Hall and Christopher's families remain close with Christopher's family hugging Hall after the hearing.

DUI charges especially where someone is hurt or injured can have very serious consequences under Florida DUI law.  "If you are faced with DUI charges, you should invoke your right to remain silent and request an attorney," said Orlando DUI attorney John Musca.  "Many people believe that they can help the situation by cooperating with authorities, but people often make a tough situation worse by volunteering information without legal advice when arrested for DUI."

If you or a loved one have been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences.  An Orlando DUI attorney will advise you of your rights, guide you through the complex court system and provide you with the help that you need during this difficult time.  Contact the attorneys as Musca Law for a free, comprehensive review of your case.

In what can only be described as incredibly poor judgement, Thomas Squiller was arrested during a court appearance for a domestic battery charge when he showed up to court under the influence of alcohol.  Apparently, Squiller drove his Camaro to court while under the influence of alcohol and crashed into another car and dented it in the court parking lot minutes before the hearing.  Police were investigating the crash when they were informed by court security that the owner of the Camaro had been taken into custody by Judge Jack Springstead for appearing in court under the influence of alcohol.

Officers said that Squiller drove himself to the courthouse, but when he was questioned, he did not remember smashing into another car in the court parking lot.  "The officer could detect the strong odor of an alcoholic beverage on his breath, according to the police report.  "Squiller had difficulty standing."  It is not clear at this time exactly what transpired in court but apparently it was pretty apparent to those who saw him that he was intoxicated. 

Attorney John Musca, who routinely handles Orlando DUI cases said, "Judges become very unhappy when parties come to court under the influence of alcohol.  While a defendant in a domestic battery case must show up for a scheduled court hearing, he should have arranged for a ride.  By showing up to court intoxicated and being involved in a crash with another vehicle, the defendant has only compounded his legal problems."

A breathalyzer test showed that Squiller had a blood alcohol level of .310, which is almost four times the level at which one is presumed under the influence.  Police administered additional breathalyzer examinations at the jail, which indicated Squiller's blood alcohol level was .222 and .206.  Squiller is being held in lieu of $1000 bond for DUI and leaving the scene of an accident involving property damage.

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